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(영문) 울산지방법원 2013.04.05 2013노55
특정범죄가중처벌등에관한법률위반(절도)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. In light of the summary of the grounds for appeal in this case, the punishment imposed by the court below (three years of imprisonment) is too unreasonable.

2. In addition, the Defendant was sentenced to several times of punishment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (one time of suspension of execution and five times of punishment), and was sentenced to six months of imprisonment due to larceny, etc. on January 12, 2012, and committed repeatedly each of the instant crimes during the repeated crime period after the execution of the sentence was completed on July 12, 2012. However, the Defendant agreed with the victims other than the victim J except for the victim J during the period of the trial; the Defendant’s objection against his/her mistake; and all of the sentencing conditions such as the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime are considered to be somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning facts constituting an offense, and Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the choice of punishment is made;

1. Article 35 of the Criminal Act among repeated crimes (Provided, That the proviso to Article 42 of the Criminal Act shall not apply to the crimes of larceny under the Act on the Aggravated Punishment, etc. of Specific Crimes);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act concerning the aggravated punishment, etc. of a specific crime for which punishment is the largest.

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